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HomeMy WebLinkAbout4469A Ordinance - Scriveners ErrorsSCRIVENER'S ERRORS Clarified Sections within PMC Title 20 — see updates in yellow highlight ORDINANCE NO. 4469A AN ORDINANCE RELATING TO FLOODPLAIN MANAGEMENT, AMENDING TITLE 24 OF THE PASCO MUNICIPAL CODE ENTITLED "FLOODPLAIN" WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained; and WHEREAS, flood hazard areas of City of Pasco, when subject to periodic inundation, can result in loss of life and property; health and safety hazards, disruption of commerce and governmental extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare; and WHEREAS, flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage use inadequately flood -proofed, elevated or otherwise protected from flood damage also contribute to the flood loss; and WHEREAS, the City of Pasco Planning Commission conducted a public hearing on October 17, 2019 and following said hearing, the City Council, following a recommendation from the Planning Commission determined the proposed regulations are designed to mitigate flood hazard losses and are in the public interest, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following Title 24 entitled "FLOODPLAIN" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: CHAPTER 24.04 Findings of Fact, Purpose And Objectives CHAPTER 24.08 Definitions CHAPTER 24.12 General Provisions CHAPTER 24.16 Administration CHAPTER 24.20 Provisions For Flood Hazard Protection CHAPTER 24.04 FINDINGS OF FACT, PURPOSE AND OBJECTIVES Sections: 24.04.010 Findings of Fact. 24.04.020 Statement of Purpose. 24.04.030 Methods of Reducing Flood Losses. PMC Title24 2019 Page 1 of 13 24.04.010 Findings of Fact. (1) The flood hazard areas of the City of Pasco, when subject to periodic inundation, can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage use in other areas. Uses that are inadequately flood- proofed, elevated or otherwise protected from flood damage, also contribute to the flood loss. [Ord. 2648 § 1, 1987; Code 1970 § 24.04.010.] 24.04.020 Statement of Purpose. It is the purpose of this title to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money and costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. [Ord. 2648 § 1, 1987; Code 1970 § 24.04.020.] 24.04.030 Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance includes methods and provisions for the following: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. [Ord. 2648 § 1, 1987; Code 1970 § 24.04.030.] PMC Title24 2019 Page 2 of 13 CHAPTER 24.08 DEFINITIONS Sections: 24.08.010. 24.08.020 Definitions. 24.08.010 Interpretation and Construction. Except where specifically defined in this chapter all words in this title shall carry the customary meaning. Words used in the present tense include the future and the future includes the present and plural includes the singular and the singular includes the plural. This ordinance shall be interpreted so as to give words the meaning they have in common usage and to give this ordinance its most reasonable application. [Ord. 2648 § 2, 1987; Code 1970 § 24.08.010.] 24.08.020 Definitions. "Appeal" means a request for a review of the Building Inspector's interpretation of any provision of this ordinance or a request for a variance. "Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "Area of special Flood Hazard" means the land in the flood plain within a community subject to a one percent or greater change of flooding in any given year. Designation on maps always includes the letters A or V. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100- year flood". Designation on maps always includes the letters A or V. "Basement" means any area of the building having; its floor sub -grade ,below ground level) on all sides. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters, and/or (b) The unusual and rapid accumulation of runoff of surface waters from any source. PMC Title24 2019 Page 3 of 13 (FIRM). Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Floodway" means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this title found at PNt1C24,20.080(2 PMG 24.20.040(3). "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle." Also ;,. elia es par4 t mile-sty-avel tT-ailefs, E)r- other- sifnilaf vehieles plaeed en a site for- greater- than 180 eeaseet+tive days. Fef "Manufactured Home Park or Subdivision" means a parcel (or parcels) of land divided into two or more manufactured home lots for rent or sale. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or floodings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its "before damaged" condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. PMC Tifle24 2019 Page 4 of 13 "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either: (c) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (d) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirement of this ordinance which permits construction in a manner that would otherwise be prohibited by this title. [Ord. 2648 § 2, 1987; Code 1970 §§ 24.08.020 — 24.08.090.] CHAPTER 24.12 GENERAL PROVISIONS Sections: 24.12.010 Land to Which this Title Applies. 24.12.020 Basis for Establishing the Areas of Special Flood Hazard. 24.12.030 Compliance. 24.12.040 Abrogation and Greater Restrictions. 24.12.050 Interpretation. 24.12.060 Warning and Disclaimer of Liability. 24.12.010 Land to Which this Title Applies. This title shall apply to all areas of special flood hazards within the jurisdiction of the City of Pasco. [Ord. 2648 § 3, 1987; Code 1970 § 24.12.010.] 24.12.020 Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the "Flood Insurance Rate Map" FIRM dated May 10, 1977, for the City of Pasco, and the FIRMs for Franklin County, Washingnon dated May 1 1980, is are hereby adopted by reference and declared to be a part of this title. The Bleed insufanee Ra4e Map is FIRMs are on file at the City of Pasco Building DepaAment, Community & Economic Development Department. 525 N. Yd Avenue, Pasco, Washington 99301, (509) 545- 3441 afid the Qty , fPasee Planning na,,..,Afnent at the s e „aa,..[Ord. 2648 § 3,1987; Code 1970 § 24.12.020.] PMC Title24 2019 Page 5 of 13 24.12.030 Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. [Ord. 2648 § 3, 1987; Code 1970 § 24.12.030.] 24.12.040 Abrogation and Greater Restrictions. This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restriction shall prevail. [Ord. 2648 § 3, 1987; Code 1970 § 24.12.040.] 24.12.050 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under state statutes. [Ord. 2648 § 3, 1987; Code 1970 § 24.12.050.] 24.12.060 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This title does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This title shall not create liability on the part of the City of Pasco, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that results from reliance on this title or any administrative decision lawfully made thereunder. Nothing in this title is intended to protect any particular person or class of persons from any kind of injury or loss. [Ord. 2648 § 3, 1987; Code 1970 § 24.12.060.] CHAPTER 24.16 ADMINISTRATION Sections: 24.16.010 Development Permit Required. 24.16.020 Designation of the Administrator. 24.16.030 Duties and Responsibilities of the Administrator. 24.16.040 Use of Other Base Flood Data. 24.16.050 Information to Be Obtained and Maintained. 24.16.060 Alteration of Watercourses. 24.16.070 Interpretation of Firm Boundaries. 24.16.080 Variance Procedure. 24.16.090 Conditions for Variances. PMC Title24 2019 Page 6 of 13 24.16.010 Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section ''^.'� 04-024.12.020 [Ord. 2648 § 4, 1987; Code 1970 § 24.16.010.] 24 , ti nen Desi,...,atio,, of the n dffli ,;stfate The permit shall be for all structures including manufactured homes, as set forth in the PMC 24.080.202, Definitions, and for all development, including fill and other activities, also set forth in PMC 24.08.020, Definitions. 24.16.020 Desh;iiation of the Administrator. (1) The City of Passe Building hispe tef Director of Community & Economic Development or designee is hereby appointed to administer and implement this title by granting or denying development permit applications in accordance with its provisions. (2) For those type of construction or development projects which do not require a building permit but involve some other local legislative or administrative approval (i.e., shorelines permit, conditional use permit, subdivision or short plat approval, etc.), the official responsible for a project's compliance with this ordinance shall be the Community Development Director for the City of Pasco. [Ord. 2628 § 4, 1986; Code 1970 § 24.16.020.] 24.16.030 Duties and Responsibilities of the Administrator. Duties of the Building Inspector shall include but not be limited to: (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary federal, ai+d state., or local governmental agency permits have been obtained forte which prior approval is r2guired. [Ord. 2648 § 4, 1987; Code 1970 § 24.16.030.] 24.16.040 Use of Other Base Flood Data. When base flood evaluation data has not been provided in accordance with PMC 24.12.020 Basis for establishing the areas of special flood hazard, the Building Inspector shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer PMC'^."'.0:7Q24.,N.0W27 Specific Standards, and PMC 24.20.11024-.24.4-3-024.20.120 Floodways. [Ord. 2648 § 4,1987; Code 1970 § 24.16.032.] 24.16.050 Information to be Obtained and Maintained. (1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in this section, obtain and record the actual elevation (in relation to means sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved flood -proofed nonresidential structures where base flood elevation data is provided through the Flood Insurance Study (FIS), FIRM, or as required in this section: (a) Obtain and record the actual elevation in relation to mean sea lever to which the structure was flood -proofed; and, (b) Maintain the flood -proofing certifications required in PMC 24.20.44-0090. PMC Title24 2019 Page 7 of 13 (3) Maintain for public inspection all records pertaining to the provision of this title. [Ord. 2648 § 4, 1987; Code 1970 § 24.16.034.] 24.16.060 Alteration of Watercourses. (1) Notify adjacent municipalities and the Washington State Department of Ecology prior to any alteration of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. [Ord. 2648 § 4, 1987; Code 1970 § 24.16.036.] 24.16.070 Interpretation of Firm Boundaries. The Building Inspector shall make interpretations where needed, as to exact location of boundaries of the area of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in PMC 24.16.080 [Ord. 2648 § 4,1987; Code 1970 § 24.16.038.] 24.16.080 VARIANCE PROCEDURE. (1) The provision of Chapter 25.195 PMC "Land Use Hearings by Examiner", shall apply in the event that an aggrieved person or persons alleges there is an error in any requirement, decisions, or determination made by the Building Inspector or Community Development Director in the enforcement administration of this title. (2) In reviewing such appeals, the hearing examiner shall follow the procedures contained in Chapter 25.195 PMC and shall also consider all technical evaluations and relevant factors, all standards specified in other sections of this title, and the following addition criteria: (a) The danger the materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The importance of the service provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations (for the proposed use) which are not subject to flooding or erosion damage; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plan management for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; 0) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (k) The costs of providing governmental services during and after flood PMC Title24 2019 Page 8 of 13 conditions, including maintenance and repair of public facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (3) Upon consideration of the factors of subsection (2) and the purposes of this title, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title. (4) The Community Development Director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. [Ord. 2648 § 4, 1987; Code 1970 § 24.16.040.] 24.16.090 Conditions For Variances. (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one- half acre or less in size contiguous to and surrounded by lots which existing structures constructed below the base flood level, providing items in PMC 24.16.080(2) have been fully considered. As the lot increases beyond one-half acre, the technical justification required for issuing the variance increase. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: (a) A showing of good and sufficient cause; and (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and, (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, caused fraud on or victimization of the public as identified in PMC 24.16.080(2), or conflict with existing local laws or ordinances (6) Variances as interpreted in the National Flood Insurance program are based on the general zoning law principal that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood -proofing than watertight or dry flood -proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except this section, and otherwise complies with Seetions 5.1.1 and 5.1.2 of the General Standar- PMC 24.20.021) acid 24.20.030. (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base flood elevation. [Ord. 2648 § 4,1987; Code 1970 § 24.16.042.] PMC Title24 2019 Page 9 of 13 CHAPTER 24.20 PROVISIONS FOR FLOOD HAZARD PROTECTION Sections: 24.20.010 General Standards. 24.20.020 Anchoring. 24.20.030 Construction Materials and Methods. 24.20.040 Utilities. 24.20.050 Subdivision Proposals. 24.20.060 Review of Building Permits. 24.20.070 Specific Standards. 24.20.080 Residential Construction. 24.20.090 Nonresidential Construction. 24.20.100 Manufactured Homes. 24.20.110 Recreational Vehicles. 24.20.120 Floodways. 24.20.130 Critical Facilities. 24.20.010 General Standards. In all areas of special flood hazards the following standards are required. [Code 1970 § 24.20.010.] 24.20.020 Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movements of the structure. (2) All manufactured homes must likewise- be anchored to prevent floatation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). [Ord. 2648 § 5, 1987; Code 1970 § 24.20.020.] 24.20.030 CONSTRUCTION MATERIALS AND METHODS. (1) All new construction and substantial improvements shall be constructed with material and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. [Ord. 2648 § 5, 1987; Code 1970 § 24.20.030.] 24.20.040 UTILITIES. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the system into flood waters; and, PMC Title24 2019 Page 10 of 13 (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 2648 Sec. 5 (part), 1987.), and, {} 4 Water wells shall be located on high round that is not in the floodwa . [Ord. 2648 § 5, 1987; Code 1970 § 24.20.040.] 24.20.050 Subdivision Proposals. (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). [Ord. 2648 § 5, 1987; Code 1970 § 24.20.060.] 24.20.060 Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study FIS FIRM, or from another authoritative source (PMC 24.16.050), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. [Ord. 2648 § 5, 1987; Code 1970 § 24.20.080.] 24.20.070 Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in PMC 24.12.020, Basis for establishing the areas of special flood hazard, or PMC 24.16.040, Use of other base flood data, the following provisions set forth in PMC 24.20.080 through 24.20.110 are required. [Code 1970 § 24.20.090.] 24.20.080 Residential Construction. (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot or more e1= above base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designated to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (a) A minimum of two openings have a total net area of not less than one inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above grade; (c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. [Ord. 2648 § 5, 1987; Code 1970 § 24.20.100.] PMC Title24 2019 Page 11 of 13 24.20.090 Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structures shall either have the lowest floor, including basement, elevated to the level of one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) Be flood -proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in PMC 24.16.050(2). (4) Nonresidential structures that are elevated, not flood -proofed, must meet the same standards for space below the lowest floor as described in PMC 24.20.080(2). (5) Applicants who are flood -proofing nonresidential buildings shall be notified that flood insurance 12remiums will be based on rates that are one foot below the flood -proofed level (e.g. a buildingproofed to the base flood level will be rated as one foot below [Ord. 2648 § 5, 1987; Code 1970 § 24.20.110.] 24.20. 100 Manufactured Homes. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is et -of one foot or more above the base flood elevation and securely anchored to an adequately anchored foundation system in accordance with the provisions of PMC 24.20.020(2). [Ord. 2648 § 5, 1987; Code 1970 § 24.20.120.] 24.20. 110 Recreational Vehicles. Recreational vehicles placed on sites are required to either: ( 1) Be on the site for fewer than 180 consecutive days, for) (2) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (3) Meet the requirements of PMC 24.20.100 above and the elevation and anchoring requirements for manufactured homes. 24-.24-.44-024.20.120 Floodways. Located within areas of special flood hazard established in PMC 24.12.020 are afeas extremely hazardous areas due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or- ar-ehite is provided demonstrating that-enefeaelffnel---throu hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels PMC Title24 2019 Page 12 of 13 during the occurrence of the base flood discharge. (21 Construction or reconstruction of residential structures is prohibited within desi�mated floodways, except for [i) repairs, reconstruction, or improvements to a structure which do not increase the ound floor area,• and ii repairs, reconstruction or improvements to a structure, the cost of which, as a cumulative amount within a 5 -ye period, does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any _prom ect for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. (2)(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. [Ord. 2648 § 5, 1987; Code 1970 § 24.20.130.] 24.20.130 Critical Facility. Construction of new critical facilities shall be, to the extent possible. located outside the limits of the Special Flood Hazard Area (SFHA) (100 -year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500 -year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood -proofing and sealing measures must be taken to ensure that toxic substances will not be dis laced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 4th day of November, 2019. Saul Martinez Mayor ATTEST: Debra Barham, CMC City Clerk APPROVED AS TO FORM: Eric F�son, PMC Title24 2019 Page 13 of 13